What happens if I fail to make a timely priority claim or submit a certified copy?

If you fail to make a timely priority claim or submit a certified copy of the foreign application within the required time period, the following may occur:

• The right of priority may be considered waived
• The effective filing date of your application may be the actual U.S. filing date, not the foreign filing date
• Intervening prior art may be applicable against your application

However, 37 CFR 1.55(e) provides for acceptance of a delayed priority claim if:

• The claim is filed within the pendency of the application
• A petition is filed with the delayed claim
• The delay was unintentional
• The required petition fee is paid

Similarly, 37 CFR 1.55(f) allows for late submission of a certified copy with a petition showing good and sufficient cause for the delay and payment of a fee. It’s always best to make priority claims and submit certified copies timely to avoid potential issues.